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Legal Challenge Fights Pipeline Decision

Written By Timothy Knight on 12/7/14 | 12/7/14

The Pace Environmental Litigation Clinic has launched a counter attack to the recent Federal Energy Regulatory Commission's decision to okay the Constitution Pipeline. Representing the local Stop the Pipeline organization, the group sent out a letter that made clear its objections.

 It reads in part:
According to your firm’s website, you specialize in eminent domain proceedings. Therefore you must know that your letter is replete with misleading information. It is apparent to STP that the intent of your letter is to bully landowners—who are already under duress from the December 2, 2014 decision by FERC that granted your client a conditional certificate of public convenience and necessity (“CPCN”)—into waiving their property rights. While we expect such unconscionable tactics from shady bill collectors, we do not expect them from a prestigious law firm such as Saul Ewing.
The law firm also challenged the legal standing the pipeline proprietors have used to support their project:
Please be advised that your misrepresentations of the facts and law to recipient landowners may violate the New York Rules of Professional Conduct. In particular, Rule 8.4, states that a “lawyer or law firm shall not: (c) engage in conduct involving dishonesty, fraud, deceit or misrepresentation.”
The move is supported by the Center for Sustainable Rural Communities, which is calling for the NY Attorney General to investigate tactics used by backers of the pipeline project.
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